6-5-2010 Arizaona:
Every weekend this month, Jo Stack will be on a plane en route to Greeley.
The Apache Junction, Ariz., resident hasn't even added up her travel bill as her son, Larry Flippo, sits in a Weld County Jail cell awaiting his fate for violating the terms of his probation — for no other reason than a treatment provider won't sign on to treat him.
Now, in protest, every Monday and Tuesday, Stack will be at the Weld County Courthouse plaza with signs and fliers, wearing her T-shirt that says, “My son is not a sexually violent predator.”
Flippo, 38, has been convicted twice of raping a Denver woman in June 2001. Flippo, who is developmentally disabled, was living on his own for the first time when he arranged for the woman to visit his Greeley apartment for a week. The first night she was there, however, she said he raped her. His mother said Flippo thought they were going to live happily ever after.
His first conviction in 2002 resulted in an eight-year prison sentence; that was overturned in 2005 because his first jury wasn't allowed to learn of his developmental disabilities, which include emotional and intellectual delays. He was convicted at a second trial in November 2009, but this time sentenced to 10 years to life on probation under the condition he be under 24/7 supervision and receive sex offender treatment.
This time, Flippo was labeled a sexually violent predator, a distinction he was not given after his first conviction. Such a label has essentially made it impossible to find a treatment provider to accept him, which advocates say is more about fear than anything else. Without a provider, he's technically violating the terms of his probation and could be returned to prison.
Stack sat through both trials, saying little. But this time, she's speaking out as she protests the way her son has been treated by the judge and jury and the Weld County Probation Department. She has alleged judge misconduct, jury disinterest and collusion within the system to put her son back in prison rather than deal with his treatment issues.
“In my opinion, they carefully orchestrated this knowing he was going to go back to prison,” Stack said.
Larry McDermott, executive director of The Arc of Weld County, which advocates for people with developmental disabilities, said though he feels Flippo must be held accountable for his actions, he thinks the system is not adequately addressing his case and a growing number of others.
“It's like special ed in school,” McDermott said. “I think our folks can learn, but they need special accommodations. I'm not saying someone convicted of crime should not have consequences, but how those consequences are administered needs to be addressed.”
Weld District Court Judge Gilbert Gutierrez would not comment about the case. Kevin Nelan, chief probation officer for Weld County, likewise would not comment about Flippo's case, though he did say that the probation department was not involved in labeling him a sexually violent predator. ..Source.. Sharon Dunn
June 5, 2010
Mom fights developmentally disabled son's 'sexual predator' label
October 18, 2007
Research and literature on sex offenders with intellectual and developmental disabilities
May 2002
Abstract
The present paper sets out to review the literature on several aspects of sex offenders with intellectual and developmental disabilities, including the relationship between sex offending and developmental disabilities, the prevalence and characteristics of sex offenders in this client group, assessment, treatment, and outcome of intervention. Several important variables were identified as influencing the disparate results found in different prevalence studies. These include variations in inclusion criteria, differences in the source of the sample, differences in determination of IQ, the impact of deinstitutionalization, and the effect of changing social and penal policies in the area where studies have been conducted. Although some studies have suggested an increasing incidence, there is no clear evidence for the over- or under-representation of people with developmental disabilities amongst sex offenders. One of the main methodological flaws in several reports listing the characteristics of sex offenders is that considerations are based on clinical samples. Therefore, there is no control group to show that these characteristics do not exist in other samples of individuals with intellectual disability (ID). It does appear that sex offenders with ID are more likely to commit offences across categories and to be less discriminating in their victims. There may also be an association with sexual abuse in childhood. The primary issue considered has been assessment of competency, in that people with ID are considered to be disadvantaged by the criminal justice process. While several authors have delineated the important areas for assessment, there are few assessment measures with robust psychometric properties. Pharmacological, behavioural, educational and cognitive treatments are reviewed.
Several comprehensive treatments which include all of the aforementioned methods are also considered. Although most studies do not report particularly positive outcomes, several authors have found better outcomes with treatment lasting at least 2 years. ..more.. by W. R. Lindsay, NHS Tayside and University of Abertay, Dundee, UK
